The Johnson v FirstRand Bank case on ‘secret’ commissions for motor finance is causing quite a stir, but should it have been brought at all? In this week’s NLJ, Fred Philpott, Gough Square Chambers, writes: ‘The whole premise of the case is false; there were no real “commissions”, let alone fiduciary relationships.’
Philpott takes the case apart, much as a mechanic might do. He believes the real driver in this case is the claims management industry. Litigators, banks and financiers will be watching the Supreme Court, which began hearing the high-stakes case this week.
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